Legal Opinion · Dissent

In Re Initiative Petition No. 364

Supreme Court of Oklahoma

Decided December 10, 1996No. 86828Published

1DissentHodges, Justice

I agree that the initiative measure as submitted violates the Oklahoma and United States Constitutions. This Court, however, has failed to give effect to the severability provision of the measure which allows the valid portions to continue in full force and effect. Once the offending portions are severed, the question of whether the remainder is to enjoy a vote of the people is no longer a constitutional question and the people have a right to enact it or reject it at the polls.

We live at a time when people have become increasingly skeptical concerning their government. The term limits battle…

2Cases cited5 opinions

  1. McFadden v. JordanCalifornia Supreme Court · 1948
  2. Oliver v. City of TulsaSupreme Court of Oklahoma · 1982
  3. Englebrecht v. DaySupreme Court of Oklahoma · 1949
  4. Kimble v. SwackhamerSupreme Court of the United States · 1978
  5. In re Initiative Petition No. 191Supreme Court of Oklahoma · 1949

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API